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1918 
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65th Congress"! SENATE fDocuMENx 

Sd Session ] \ No. 311 



UNITED STATES 
PJ^.ACE COMMISSIONERS 



STATEMENT 

SHOWING 

ALL COMMISSIONERS APPOINTED BY THE PRESIDENT 

TO NEGOTIATE TERMS OF PEACE UPON THE 

CONCLUSION OF THE VARIOUS WARS 

IN WHICH THE UNITED STATES 

HAS BEEN ENGAGED 




PRESENTED BY MR. LODGE 
December 6, 1918. — Ordered to be printed 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1918 



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UNITED STATES PEACE COMMISSIONERS, 1795-1898. 

(The commlssionors, John Adams, Benjamin Franklin, John Jay, and Henry Laurens, 
to negotiate peace with (jreat Britain at the eonclusion of the Revolutionary War, 
were appointed by the Continental Congress by a resolution passed Sept. 17, 1782.] 



1795. ALGIERS. 



David Humphreys, resident minister at Lisbon. 

" Commissioner plenipotentiary by letters-patent under the signa- 
ture and seal of the United States of America dated the 30th March, 
1795." 

(Commission does not appear in the Senate Executive Journal.) 

1800. FRANCE. 

Oliver Ellsworth, Chief Justice. 

Patrick Henry, late governor of Virginia. 

W. V. Murray, minister at The Hague. 

" Envoys extraordinary and ministers plenipotentiary to the 
French Republic, with full powers to discuss and settle, by a treaty, 
all controversies between the United States and France." 

Nominated February 25, 1799 ; confirmed bv the Senate, February 
27, 1799. . ^ • . . 

Patrick Henry did not serve ; William R. Davie, governor of North 
Carolina, was appointed June 1, 1799, vice Patrick Henry; confirmed 
December 6, 1799. 

1805. TRIPOLI. 

Tobias Lear, consul general at Algiers. 

Nominated "A commissioner to treat of peace with the Bashaw of 
Tripoli, vice James Leander Cathcart, appointed to another place." 

Nominated November 11, 1803 ; confirmed by Senate, November 15, 
1803. 

1813-14. GREAT BRITAIN. 

Albert Gallatin, Secretary of the Treasury. 

John Quincy Adams, minister to Russia. 

James A. Bayard, ex-Senator. 

Henry Clay, Member of the House. 

Jonathan Russell, minister to Norway and Sweden. 

" Envoys extraordinary and ministers plenipotentiary/' 

The first three were nominated May 29. 1813. Gallatin's nomina- 
tion rejected: Adams and Bayard confirmed July 19, 1813. 

The first negotiations having fallen through, new appointments 
were required. Adams, Bayard, Clay, and Russell renominated Jan- 
uary 14, 1814, confirmed January 18, 1814; Gallatin renominated Feb- 
ruary 8, 1814. confirmed February 9, 1814. 

3 



4 UNITED STATES PEACE COMMISSIONEES. 

1S16. ALGIERS. 

William Shaler, consul general at Algiers. 

Isaac Chauncey, commander in chief of the naval forces of the 
United States stationed in the Mediterranean. 

"Appointed commissioners, by letters-patent under the signature of 
the President and seal of the United States of America, bearing date 
at the city of Washington the 24th day of August, A. D. 1816, for 
negotiating and concluding the renewal of a treaty of peace between 
the United States of America and the Day and subjects of the Ee- 
gency of Algiers." 

(Commission does not appear in the Senate Executive Journal.) 

1846. MEXICO. 

N. P. Trist, chief clerk of the Department of State. 

Appointed by President Polk. 

(Commission does not appear in the Senate Executive Journal.) 

1898. SPAIN. 

• "At an early date after the signing of this protocol, the President 
appointed five American peace commissioners, his selections being 
heartily approved by the Nation. They were William R. Day, Secre- 
tary of State; William P. Frye, Senator from Maine and president 
pro tempore of the Senate ; Cushman K. Davis, Senator from Minne- 
sota and chairman of the Committee on Foreign Relations ; George 
Gray, Senator from Delaware and the foremost member of the Demo- 
cratic minority in that body ; and Whitelaw Reid, editor of the New 
York Tribune and formerly minister to France and special ambas- 
sador to Great Britain. The secretary was John Bassett Moore, As- 
sistant Secretary of State." 

The commissions were issued the 13th of September, 1898. Day 
was appointed " commissioner plenipotentiary of the United States." 
The other commissions read in a similar manner. 

The nominations were not submitted to the Senate : 

The commission to Mr. Day was as follows : 

Know Ye ! That, reposing special trust and couficleuce in tlie integrity and 
ability of William R. Day, of Ohio, I do appoint him a commissioner pleni- 
potentiary of the United States, imder the protocol signed at Washington of 
the 12th day of August, 1898, to negotiate and conclude a treaty of peace be- 
tween the United States and Spain, and do authorize and empower him to 
execute and fulfill the duties of this commission, with all the powers, privileges,, 
and emoluments thereunto of right appertaining, during the pleasure of the^ 
President of the United States. 

In testimony whereof, I have caused these letters to be made patent, and the 
seal of the United States to be hereunto affixed. 

Given under my hand at the city of Washington the 13th day of September 
in the year of Our Lord one thousand eight hundred and ninety-eight, and the 
123d year of the Independence of the United States of America.' 

(Signed) William McKinley. 

The commissions of the other American plenipotentiaries were in 
the same form, their names being as follows: Cushman K. Davis, of 
Minnesota ; William P. Frye, of ''Maine ; George Gray, of Delaware ; 
and Whitelaw Reid, of New York. 



PROCEEDINGS IX THE SENATE UPON THE NOMINATION 
, OF PEACE COMMISSIONERS. 



EXTRACTS FROM SENATE EXECUTIVE JOURNAL, THIllTY-FIFTH 

SESSION, 1813. 

Monday, May 31, 1813. 

The four following written merssagcs Vvere received from the presi- 
dent of the United States by Mr. Graham : 

To the Senate of the United States : 

Commissions having been granted during the recess of the Senate, 
to the following persons, I now nominate them to the same offices 
respectively annexed to their names. 

Albert Gallatin, John Qiiincy Adams, and James A. Bayard to be 
jointly and severally Envoys Extraordinary and Ministers Plenipo- 
tentiary, to negotiate and sign a treaty of peace with Great Britain, 
under the mediation of the Emperor of Russia ; to negotiate and sign 
a treaty of commerce with Great Britain : and the said John Quincy 
Adams, Albert Gallatin, and James A. Bayard, to be jointly and 
severally Envoys Extraordinary and Ministers Plenipotentiary, to 
negotiate and sign a treaty of commerce with Russia. 

Tuesday, June 1, 1813. 

The Senate took into consideration the message of the President 
of the United States, of yesterday, nominating Albert Gallatin, and 
others, to offices ; and 

Resolved, That they do advise and consent to the appointments of 
Mordecai Noah, Charles Harris, William J. Mcintosh, and Nathaniel 
Pope, agreeably to their nominations respectively. 

Wednesday, June 2, 1813. 

Mr. King submitted the following motions for consideration which 
were read : 

2d. Resolved, That the President of the United States be requested 
to cause to be laid before the Senate, copies of the conmiissions gi'anted 
to Albert Gallatin, John Quincy Adams, and James A. Bayard, to 
negotiate treaties of peace and commerce with Great Britain, and 
a treaty of commerce with Russia. 

3d. Resolved. That the President of the United States be requested 
to inform the Senate, whether iVlbert Gallatin, commissioned as one 
of the Envoys to treat of peace and commerce with Great Britain, 
and of commerce with Russia, retains the office of Secretary of the 
Department of the Treasury : and in case of his so retaining the same, 

5 



6 UNITED STATES PEACE COMMISSIONEES. 

to inform .the Senate, under what authority, and by whom, the powers 
and dntiei"'', of the head of the Treasury Department are discharged, 
during the absence of Albert Gallatin from the United States. 

; Monday, June 7, 1813. 

The foll(T?ying written message was received from the President of 
the United ^tates, by Mr. Graham: 

To the Seri£.te of the United States: 

In complliance with their resolution of the 3d instant, the Senate 
are informfed, that the office of the Secretary of the Treasury is not 
vacated, /and that, in the absence of Albert Gallatin, commissioned as 
one of tfne Envoys to treat with Great Britain and Eussia, the duties 
of that 'office are discharged by William Jones, Secretary of the Navy, 
autho/|"ized therefor, according to the provisions of the act of Con- 
greSjS, entitled "An act making alterations in the Treasur^^- and War 
Deipartment," passed Maj^ 8, 1792. 

James Madison. 

Monday, June 14, 1813. 

Mr. Anderson, from the committee appointed the 10th instant, 
on the nomination of Albert Gallatin, reported : 

" That in obedience to the resolution authorizing the committee 
to inquire and report thereon, he had addressed a letter to the Presi- 
dent of the United States, enclosing a copy of the resolution under 
which the committee were appointed: that he afterwards called on 
the President of the United States, who informed him that he did 
not consider the authority given to the committee, by the resolution, 
such as to authorize them to call on A?m, in their official character; 
but, that if they were especially instructed to call upon him, he would 
freely receive them, and appoint a time for that purpose." 

Mr. Anderson submitted the following resolutions for considera- 
tion, which were read: 

Resolved^ That in the opinion of the Senate, the powers and duties 
of the Secretary of the Department of the Treasury, and of those of 
an Envoy Extraordinary to a foreign power, are so incompatible, that 
they ought not to be, and remain united, in the same person. 

Resolved^ That the committee to whom was referred the nomina- 
tion of Albert Gallatin (Secretary of the Department of the Treas- 
ury) as an Envo}^ Extraordinary to treat of peace and commerce with 
Great Britain, and of commerce with Russia, be instructed to commu- 
nicate the foregoing resolution to the President of the United States, 
and respectfully to confer with him upon the matter thereof. 

Wednesday, June 16, 1813. 

The Senate resumed the consideration of the resolutions submitted 
by Mr. Anderson, on the 14th instant ; and. 

On the question to agree to the first resolution ; 

It was determined in the affirmative — yeas, 20 ; nays, 14. 

So it was 

Resolved^ That, in the opinion of the Senate, the powers and duties 
of the Secretary of the Department of the Treasury, and those of an 



UNITED STATES PEACE COMMISSIONERS. 7 

Envoy Extraordiiiiiry to a foreign power, are so incompatible that 
they ought not to be, and remain united, in the same person. 

On the question to agree to the second resohition, 
■ It was determined in the affirmative — yeas, 20; nays, 14. 

So it was 

Resolved^ That the committee to whom was referred the nomina- 
tion of Albert Gallatin, Secretary of the Dei)artmcnt of the Treasury, 
as an Envoy/'»b]xtraordinar3% to treat of peace and commerce with 
Great Britain and of commerce with Kus.sia, be instrncred to com- 
municate the foregoing resolution to the President of the United 
States, and respectfully to confer with him upon the matter thereof. 

Monday, Jitlv 10. 1813. 

Mr. Anderson, from the committee appointed the 10th instant, on 
the nomination of Albert Gallatin, reported: 

" That in obedience to the resolution authorizing the committee 
to inquire and report thereon, he had addressed a letter to the Presi- 
dent of the United States, a copy of Avhich accompanies this report, 
enclosing a copy of the resolution under which the committee were 
appointed ; that he af terAvards called on the President of the United 
States, who informed him that he did not consider the authority 
given to the committee by the resolution such as to authorize them to 
call on him in their official character: but that, if they Avere especially 
instructed to call upon him, and the specific object should be desig- 
nated, he would freely receive them, and appoint a time for that pur- 
pose." 

Mr. Anderson then made this further report, to wit : 

" The committee to Avhom was referred the nomination of Albert 
Gallatin to be one of the Envoys Extraordinary and Ministers Pleni- 
potentiary, to negotiate and sign a treaty of peace with Great Britain, 
under the mediation of the Emperor of Russia, to negotiate and sign 
a treaty of commerce with Great Britain, and to negotiate and sign 
a treaty of commerce with Russia, together with the message of the 
President of the United States of the Tth June, 

"Report: That, according to the instructions of the Senate, of the 
16th June, the comuiittee, through its chairman, addressed a note to 
the President of the United States, on the 12th instant, which accom- 
panies this report — and in reply thereto the President addressed a 
note to the chairman on the 14th instant, which note also accompanies 
this report, appointing Friday, the IGth instant, to receive the com- 
mittee, to communicate the aforesaid resolution of the Senate, and 
appraizing the committee of his late message to the Senate, contain- 
ing the grounds on which he would be obliged to decline the pro- 
posed conference with the committee. Upon due consideration of this 
reply, the committee deemed it an incumbent dutj'' to wait on the 
President, according to his a])pointment, and to present to him both 
the resolutions of the Senate, in relation to the nomination referred to 
the committee; and did, accordingly, Avait on him, and present them: 
When the President Avas pleased to observe to the committee, in sub- 
stance, that he Avas sorry that the Senate had not taken the same 
vieAv of the subject which he had clone; and that he regretted that 
the measure had been taken under circumstances Avhich deprived him 



b UNITED STATES PEACE COMMISSIOFEES. 

of the aid or advice of the Senate. After the committee had remained 
a reasonable time, for the President to make any other observations, 
if he thought proper to do so; and observing no disposition mani- 
fested by him to enter into further remarivs, the committee retired, 
without making a.nj observations on the matter of the resolutions, 
or in reply to those made by the President." 

Whereupon, 

The nominations of Albert Gallatin, John Q. Adams, and James 
A. Bayard, agreeably to the message oi the President of the United 
States, of the 31st of May last, were resumed. 

On the question, " Will the Senate advise and consent to the ap- 
pointment of Albert Gallatin ? " 

It was determined in the negative — yeas IT, nays 18. 

On the question, " Will the Senate advise and consent to the ap- 
pointment of James A. Bayard ? " 

It was determined in the affirmative — yeas 27, nays 6. 

So it was 

Resolved, That the Senate do advise and consent to the appoint- 
ments of John Q. Adams and James A. Bayard, agreeably to their 
nominations, respectively; and 

That they do not advise and consent to the appointment of Albert 
Gallatin. 

Ordered, That the Secretary lay the foregoing resolution before 
the President of the United States. 

Thursday, January 14, 1814. 

The two following, written messages were received from the Presi- 
dent of the United States, by Mr. Coles, his secretary : 

To the Senalte of the United States : 

I nominate John Quincy Adams, James A. Bayard, Henry Clay, 
and Jonathan Eussell, to be, jointly and severally. Ministers Pleni- 
jDotentiary and Extraordinary, to negotiate and sign a treaty of peace 
and a treaty of commerce with Great Britain. 

I nominate Jonathan Eussell, to be Minister Plenipotentiary to 
Sweden. 

James Madison. 

Tuesday, January 18, 1814. 

The Senate resumed the consideration of the message of the Presi- 
dent of the United States, of the 14th instant, nominating John 
Quinc}^ Adams and others, to offices ; and, 

On motion by Mr. King, to postpone the further consideration 
thereof to Monday next. 

It was determined in the negative — yeas 12, nays 20. 

On the question, " Will the Senate advise and consent to the ap- 
pointment of John Quincy Adams? " 

It was determined in the affirmative — yeas 31, nays 2. 

On the question, " Will the Senate advise and consent to the ap- 
pointment of James A. Bayard ? " 

It was unanimously determined in the affirmative — yeas, 32. 

On the question, ''Will the Senate advise and consent to the ap- 
pointment of Henry Clay ? " 



UNITED STATES PEACE COMMISSIONERS. 9 

It Avas determined in the affirmative— ^yeas, 29; nays, 2. 

On the question, " Will the Senate advise and consent to tlic ap- 
pointment of Jonathan Kussell? " 

It M'as determined in the affirmative — yeas, 22 ; nays, 8. 

So it Avas 

Resolved, That the Senate do advise and consent to the appoint- 
ments of John Quincy Adams, James A. Bayard. Henry Clay, and 
Jonathan Riissell, to be jointly and severally Ministers Plenipotenti- 
ary and ExtTTiordinary to negotiate and sign a treaty of peace and a 
treaty of commerce "with Great Britain. 

Tuesday, February 8, 1814. 

The two following written messages were received from the Presi- 
dent of the United States, by Mr. Coles, his secretary : 

To the Senate of the United States : 

In consideration of the protracted absence of Albert Gallatin, Sec- 
retary of the Treasury, and the prospect of conveniently associating 
his services in the contemplated negotiations for a treaty of peace and 
a treat}- of commerce with Great Britain, I nominate George W. 
Campbell, of Tennessee, to be Secretary of the Treasury of the United 
States. 

Albert Gallatin to be Minister Plenipotentiary and Extraordinary, 
jointly and severally, Avith John Quincy Adams, James A. Bayard, 
Henr}- Clay, and Jonathan Russell, to negotiate and sign a treaty of 
peace and a treaty of commerce with Great Britain ; Richard Rush, 
now Comptroller of the Treasury, to be Attorney General of the 
United States, in place of William Pinckney, resigned. 

James Madison. 

Wednesday, February 9, 1814. 

Cn the question, " Will the Senate advise and consent to the ap- 
pointment of Albert Gallatin ? " 

It was determined in the affirmative. 

So it was 

Resolved, That the Senate do advise and consent to the appoint- 
ments of George W. Campbell and Albert Gallatin, agreeably to the 
nominations, respectively. 



THE secretary OF STATE TO THE AMERICAN COMMISSIONERS. 

Department of State. 

August 5, 1813. 

Gentlemen : I am very sorry to be under the necessity of com- 
municating to you an event of which there was no anticipation when 
you left the United States. 

The event to which I allude is the rejection by the Senate of the 
nomination of ^Ir. Gallatin on the idea that his mission to Russia 
was incompatible with the office of the Secretary of the Treasury. 

After the ap]5ointment of Mr. Jay. when Chief Justice of the 
United States, bv President Washington, and of Mr. Ellsworth. 



10 UNITED STATES PEACE COMMISSIONEES. 

when holding the same office, by President Adams, by which a mem- 
ber of a separate branch of the Government was brought into an 
office under the Executive, and after the sanction given in practice 
as well as by law to the appointment of loersons during the absence 
of a head of a department to perform its duties, it was presumed 
that there would not be any serious or substantial objection to the 
employment in a similar service of a member of the Administration 
itself. 

Although this nomination was opposed in the Senate as soon as it 
was acted on, yet it was not believed that it would be rejected until 
the vote was taken. At an early stage the President was called on 
by a resolution of the Senate to state whether Mr. Gallatin retained 
the office of Secretary of the Treasury, and, in case he did, who 
performed the duties of that department in his absence. The Presi- 
dent replied that the office of Secretary was not vacated by Mr. Gal- 
latin's appointment to Russia, and that the Secretary of the Navy per- 
formed its duties in his, Mr, Gallatin's absence. After this reply, 
which was given in conformity with the President's own views of 
the subject, and with those of Mr. Gallatin when he left the United 
States, it was impossible for the President, without departing from 
his ideas of propriety in both respects, to have removed Mr. Gallatin 
from the Treasury to secure the confirmation of his nomination to 
Eussia. It would have been still more improper to have taken that 
step after the rejection of the nomination. The President resolved, 
therefore, to leave the mission on the footing on which it was placed 
by the vote of the Senate, by which the nomination of Mr. Adams 
and Mr. Bayard was confirmed. Whatever has been done jointly 
under the Commission, given to the three Commissioners by the Presi- 
dent when you left the United States, in compliance with your in- 
structions, will not be affected by this event. [From "A Great Peace- 
maker. The Diary of James Gallatin, Secretary to Albert Gallatin, 
1813-1827, New York, Charles Scribner's Sons. 1914. Pp. 10-12.] 

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